HC rejects HPCA's petition for quashing FIR in encroachment

The Himachal Pradesh High Court today dismissed the state cricket association's petition seeking quashing of FIR in a land encroachment case, maintaining that "no ground for quashing of FIR or charge sheet is made out".
"There is no merit in the petition and the same is accordingly dismissed," the single bench consisting of Justice Tarlok Singh Chauhan said and vacated the stay on proceeding in the Court of Special Judge, Kangra at Dharamsala.
The vigilance and anti-corruption bureau had registered an FIR in the case pertaining to demolition of government quarters and encroachment of government land and filed the challan in the court of special judge.

However, the High Court had stayed the proceedings on September 24, 2015 and Himachal Pradesh Cricket Association (HPCA) had filed a petition for quashing the FIR.
In its order, the court said in case there is sufficient evidence against the accused which may establish charge against them, even if the bias/malafide is established, the proceedings cannot be quashed.
"The inherent powers of this Court cannot be exercised rather should not be exercised to stifle the legitimate prosecution and quashing the charge sheet even before the cognizance is taken by the trial court would in given facts and circumstances of the case amount to killing a still-born child," the court observed.

Vacating the stay, the court said, "Before parting, it goes without saying that any observation touching upon the merits of the case is purely for the purpose of deciding the question of quashing of FIR in the charge sheet and shall, therefore, not construed as an expression on the final opinion in the main matter or any other proceedings.